Former governor of Akwa Ibom State and senatorial candidate of the All Progressives Congress (APC) for Akwa-Ibom North West, Obot Godswill Akpabio, yesterday, withdrew a suit filed against Senator-elect zone, Chris Ekpenyon.
Counsel to Akpabio, Mr Sunday Ameh, yesterday, informed presiding Justice, Valentine Ashi of the Federal Capital Territory (FCT) High Court, sitting in Apo, that his client had resolved to withdraw the application for judicial review.
He, however, did not adduce any reason for the withdrawal.
But, while speaking with journalists after the court session, counsel to the Independent National Electoral Commission (INEC), Tanimu Inuwa, said the court lacks jurisdiction to entertain the application since it is an election matter.
Meanwhile, Justice Ashi, at the resumption of hearing, yesterday, noted that contrary to media reports, he did not issue an order restraining the INEC from issuing Certificate of Return to Ekpenyong.
INEC had declared Ekpenyong as winner of the election, against the incumbent Senator, Godswill Akpabio.
According to the result announced by the returning officer, Prof Peter Oban, Akpabio scored 83,158 votes as against 118, 215 scored by Ekpeyong.
Akpabio, in an application filed on February 28, prayed the court for, “An order granting leave to him to apply for a judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declarative reliefs sought against the respondent (INEC).”
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Akpabio, in the suit No: FCT/HC/M/2680/19, also prayed the court to direct the respondent to stay further action “particularly further action in respect of issuance of certificate of return to any candidate in respect of the seat of senator representing Akwa Ibom North West Senatorial district on the account of election held on the 23rd February, 2019.”
In a short ruling, Justice Ashi, held that the case of Akpabio is meritorious and that there is need to keep things in status quo.
“Leave is hereby granted to the applicant to apply for judicial review for the issuance of a writ of Mandamus, prohibition, injunction and other declaratory reliefs against the respondent.”
“Leave so granted shall operate as stay of further action by the respondent and particularly further action in respect of issuance of Certificate of Return to any candidate in respect of the seat of senator representing Akwa Ibom North-west Senatorial District on the account of election held on February 23, 2019”, Justice Ashi held.
At the resumed hearing, Justice Ashi said the media publication suggesting that he gave such an order was overstretching the facts of the matter treated by his court.
He explained that the media reports or the lawyers who provided information to the media should have clarified the nature of the application brought by Akpabio.
According to him, Akpabio’s application contained a request for an order of mandamus restraining parties and allowing him (Akpabia) to judicially review the processes that resulted in the declaration of Mr Ekpenyong as winner of the senatorial election.
The judge explained that it was the request for permission to review the process, which was granted by the court that was later interpreted to mean that the court granted a restraining order.
